A Copyright Question (Another one..) :p

[Mom w/a Motif]

I was curious, (I couldn't find the answer here but maybe I am not looking in the right place?)... I sold a pattern to a magazine that is now out of publication. Would I be able to take that pattern (that I sold to them) and sell it on my etsy store? Or the finished item? If anyone could help me thank you in advance.... I know I sold the copyright to them, but I remember reading something about if the book or magazine is no longer in print (just can't remember *what* that was, that I read...)

 

Thank you.

Tina

[jleinhauser]

No, sorry, being out of print does not affect the copyright. If you sold it to them, then you can't use it without their permission, which should not be too hard to get. Better be sure than sorry.

 

They may well have sold their assets, including their copyrights, to someone else.

 

Out of print does not mean "in the public domain."

 

Jean

[Mom w/a Motif]

Thank you, Jean. I got their address and phone number. I am going to give them a call tomorrow and see.... (It was 'Crafting Traditions'.) Maybe I could at least sell the things I make from (my) their pattern.

 

Thanks again!

Tina

[Carol]

Jean's right. The magazine may be out of print, but that doesn't mean the copyright reverts to you. Being out of print only means the magazine is not published. The pattern is still owned by whoever bought it. Just because they're not using it doesn't mean they no longer own it.

[Amy]

You should also probably look for the contract you signed with them, as these questions should be answered there.